Richardson International Ltd. v. Starodubskoe ( The )
T-1944-98
Hargrave P.
16/4/99
4 pp.
Application by defendant Bering Trawlers Ltd., owner of MYS Chikhacheva, to require plaintiff, American company, to post security for costs-Security sought including cost of bail posted to release MYS Chikhacheva from arrest-Bail in form of irrevocable bank guarantee-Security for costs, in favour of Bering, until completion of examination for discovery, in amount of $20,000-Reasonableness of cost of providing bail to obtain release from arrest to be considered, in each instance, on own circumstances-Authority for security for cost of providing bail found in Tariff B, item 1(4), which allows reasonable disbursement if properly established-Cost of bail appropriate item to factor into security for costs-20% charge by managers of Bering, for guaranteeing of liability of Bering to Deutsche Bank, not reasonable-Security for cost of providing bail shall be 3.125% of bail for each of two years, thus being 6.250% of bail-Federal Court Rules, 1998, SOR/98-106, Tariff B, item 1(4).